Federal appeals court won’t reconsider ruling in Morgan Hill flag T-shirt case

A federal appeals court is refusing to reconsider a previous ruling that found a Morgan Hill high school had the legal right to order a group of students wearing American flag T-shirts to turn them inside out during a Cinco de Mayo celebration.

The incident, which occurred at Live Oak High School in 2010, drew outcry from some parents, Republican lawmakers and conservative organizations, with many arguing that school officials violated students’ rights to free speech.

On Wednesday, the 9th U.S. Circuit Court of Appeals said they wouldn’t reconsider the ruling it issued in February.

Live Oak High School administrators said they ordered the students to either cover up the shirts or go home because of past threats and ongoing campus strife between white and Latino students.

Lawyers for the parents and other opponents had asked the 9th Circuit Appeals Court to rehear their case with a special 11-judge panel, but the judges declined.

The case could now be appealed to the U.S. Supreme Court.

The most recent decision can be read here.